The applicant police services board sought judicial review of a grievance arbitrator's decision that granted retroactive statutory holiday benefits to union members for the National Day of Mourning for Queen Elizabeth II.
The arbitrator had found that the collective agreements only required a day to be 'proclaimed' by the Governor General to become a paid holiday.
The Divisional Court allowed the application and quashed the decision, finding the arbitrator's interpretation unreasonable as it failed to consider the parties' mutual intention and led to the absurd result that any symbolic proclamation would create an additional paid holiday.
